Lord Thankerton:-

This is an appeal from a judgment and order of the West African Court of appeal, dated 12th May 1930, dismissing a motion by the present appellant to set aside an award dated 31st .January 1930, delivered by a Judge of the Supreme Court of the Gold Coast Colony, as arbitrator on a reference ordered by the Full Court of the Supreme Court, sitting as the appeal Court from the Chief Commissioner's Court of Ashanti, on an appeal from a judgment of the Circuit Judge of Ashanti, dated 9th May 1923, in an action in which the present appellant was plaintiff and the respondent and Odikre Asante, since deceased, were defendants. The appellant not only challenges the award on certain grounds, but also challenges the validity of the order of reference by the Full Court of the Supreme Court, and it is therefore necessary to refer to the proceedings in the action prior to the order of reference. On 11th August 1922, the appellant, who is Omanhene of Adansi in Ashanti, on behalf of his Stool, issued a writ of summons in the Chief Commissioner's Court of Ashanti against Asanti, the Odikro of Edubiase, now deceased, and the respondent, Obeng Akessee, the Chief of Okyereso, who were